ОТМЕНА НОРМАТИВНОГО ПРАВОВОГО АКТА КАК ОСНОВАНИЕ УТРАТЫ ЮРИДИЧЕСКОЙ СИЛЫ

Abstract

Introduction: In the current legislation, cancellation of regulatory legal acts is not institutionalized, there is no legal regulation of the grounds, procedure, parties involved, and the moment of cancellation. Purpose: to describe the authentic and subordinate cancellation of regulatory legal acts, to determine the moment of such cancellation, to distinguish the cancellation of an act from recognizing it as having lost its force. Methods: the research is based on the general scientific dialectical method of cognition; methods of formal and dialectical logic, classification are applied. Special legal methods were also used (the formal dogmatic method, the method of legal interpretation, the method of legal modeling). Results: the author analyzed the grounds for the cancellation of a regulatory legal act provided for by the legislation and established in the rule-making practice. The paper provides theoretical characterization of authentic and subordinate cancellation of regulatory acts. It is substantiated that authentic cancellation occurs both on the rule-maker’s own initiative and on the initiative of other parties. The paper shows that it is necessary to distinguish between the cancellation of a regulatory legal act and the recognition of a regu-latory legal act as having lost its force, both viewed as two independent ways of the loss of effect by the act. It is advisable to apply cancellation of a regulatory act mainly as subordinate; authentic cancellation of regulatory legal acts should be applied only to acts that have not entered into legal force.